Relying upon 2010 (36) RCR
(Civil) 268 titled as 'Gufic Ltd. and another v. Clinique Laboratories
Lic & another', he has further submitted that the trial Court again fell
into an error by relying upon 'Rajnish Aggarwal and others v.
Anantam' 2009 (38) RCR (Civil) 473, which too was based upon the
findings recorded by the learned Single Judge of Hon'ble the Delhi High
Court in Clinique Laboratories's case (supra). He has submitted that
the foundation of the impugned order, which was based upon the above
two judgments of Hon'ble the Delhi High Court, no longer holds good
and thus, the impugned order deserved to be set aside. Hence, both the
statutory provisions of Section 28(3) read with Section 30(2)(e) of the
Act and the binding judicial precedents would render the plaint of the
respondent/plaintiff liable to be rejected under Order VII Rule 11 CPC.
More so, since the trial Court had failed to appreciate and consider that
the plaint (Annexure P32) was not only barred by operation of law but, as
already submitted, did not even disclose any cause of action.
(vi) The invoice dated 1 September 2020, filed by
Respondent 1, does not reflect the mark NEBROS
anywhere and, in fact, does not reflect any mark at all. It
cannot, therefore, be regarded as evidence of user by the
respondents of the NEBROS mark. Reliance is placed, in
this context, on para 34 of the judgment of the Supreme
Court in Satyam Infoway Ltd v Sifynet Solutions Pvt
24 AIR 1960 SC 142
Signature Not VerifiedDigitally Signed By:AJIT FAO(OS) (COMM) 140/2024 Page 19 of 51KUMARSigning Date:13.05.202516:36:02
Ltd25 and on the judgment of a learned Single Judge of
this Court in Rajnish Aggrwal v Anantam26.